Opinion
November 26, 1951.
Order granting motion for consolidation of actions between the same parties for dissolution of partnership and for replevin, wherein defendant claims the subject matter to be partnership assets, and incidental relief, modified on the law by striking out subdivision (e) of the next to last ordering paragraph. As so modified, the order, insofar as appealed from, is affirmed, without costs. There is no right to examine the defendant in the action for dissolution so as to require him to account until the alleged partnership and the right to an accounting are established. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.